a) Rights to the User’s Data
As between the parties, you retain all right, title, and interest (including any and all intellectual property rights) in and to your users’ Customer Data as provided to kmend. Subject to the terms of this Agreement, you hereby grant to kmend a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display your user’s Customer Data solely to the extent necessary to provide the Services to you.
b) Storage of the User’s Data
Kmend does not provide an archiving service. Kmend agrees only that it will not intentionally delete any User Data from any Service prior to termination of the User’s applicable Subscription Term. Kmend expressly disclaims all other obligations with respect to storage.
Users are solely responsible for the preservation of their data which is saved onto Kmend’s virtual server. To the extent permitted by applicable law, Kmend shall have no responsibility to preserve data. Kmend shall have no liability for any data that may be lost, or unrecoverable, by reason of a user’s failure to back up their data or for any other reason.
c) User Obligations
3C.1 – The User is solely responsible for the accuracy, content, and legality of all their User Data. The User represents and warrants to Kmend that the User has all necessary rights, consents and permissions to collect, share and use all the User’s Customer Data as contemplated in this Agreement (including granting Kmend the rights in Section 3.A and that none of the User’s Data will violate or infringe (i) any third party intellectual property, publicity, privacy or other rights, (ii) any Laws, or (iii) any Terms of Use, privacy policies or other agreements governing the User’s accounts with any Third-Party Platforms. The User will be fully responsible for any User Customer Data submitted to the Services by any Person as if it was submitted by the User.
3C.2 – The User agrees not to use any Social Media Data obtained via the Services for the purposes of cookie tracking, ad exchanges, ad networks, data brokerages, sending electronic communications (including email) in violation of applicable Law, or any other activity or purpose that may be identified as prohibited by Kmend from time to time.
3C.3 – The User agrees to obtain all necessary clearances, consents, and approvals from its customers in order to use Social Media Data as required under all applicable Laws, including without limitation by disclosing in the User’s privacy policy information about the collection and use of its customers’ email addresses as set forth in this Agreement.
3C.4 – Notwithstanding anything to the contrary herein, the User agrees that Kmend may obtain and aggregate technical and other data about the User’s use of the Services that is non-personally identifiable with respect to User (“Aggregated Anonymous Data”), and Kmend may use the Aggregated Anonymous Data to analyse, improve, support and operate the Services and otherwise for any business purpose during and after the term of this Agreement, including without limitation to generate industry benchmark or best practice guidance, recommendations or similar reports for distribution to and consumption by the User and other Kmend customers.